Nevada Bullying by Use of Electronic Communication Device Lawyers

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 What is the Definition of Bullying?

Bullying can be defined as using intimidation to achieve a state of dominance over another individual. Bullying may involve conduct, including:

  • Threats;
  • Force;
  • Coercion;
  • Aggressive or offensive behavior; and
  • Actual physical abuse.

In the majority of cases, bullying involves a pattern of repeated, cyclical interactions between a victim and the bully. Bullying may sometimes occur based upon several factors, which may include:

Although bullying may seem similar to harassment, it is not the same. Even though harassment also may involve unwanted behaviors, it usually involves milder conduct which is more offensive than coercive.

In a case of bullying, there is an element of dominance and persuasion happening. In many cases, a bully is behaving in a certain manner because they desire to accomplish some specific goal.

For example, the bullying may occur because the individual wants the victim to do something for them, such as if the victim does not finish the bully’s project for them, the bully will tell the victim’s co-workers some embarrassing story about the victim.

Typically, harassment does not involve these types of goals. It is usually just an overall atmosphere of inappropriateness.

Similar to hostile work environment, bullying may lead to a number of different consequences. For example, the bully may face termination from their position.

In addition, a civil lawsuit may result, with the bully, or defendant, being ordered to pay damages to the victim, or plaintiff. In cases where an actual assault or other conduct occurs, criminal charges may also be a consequence.

There are different types of bullying. Cyber bullying is one type of bullying which occurs when an individual uses electronic media to perpetuate their bullying.

Cyber bullying may involve the use of:

  • Email threats;
  • Private photos being disclosed; and
  • Posting information on social media websites.

In a work environment, they may be very difficult for the victim because there is the potential for the entire office to be exposed to the material without the victim’s knowledge.

Cyber bullying often occurs on social media platforms or interactive internet sites. This type of bullying is typically repetitive and persistent.

Common examples of cyberbullying actions include:

  • Spreading rumors or lies;
  • Posting or sharing disturbing, inappropriate, or offensive pictures of someone else without their consent;
  • Threatening to hurt someone; and
  • Stalking.

One specific example of cyberbullying would include flooding an individual’s social media with cruel remarks which are intended to cause them distress. In some states, parents have been held liable for their child’s cyberbullying.

Another type of bullying an individual may encounter is school bullying. School bullying may involve aggressive behavior which is meant to hurt, frighten, or threaten another student.

Specific examples of school bullying include when a bully:

  • Waits for their classmate to enter into a certain area in order to intimidate them;
  • Uses threats or aggression to steal belongings or money from another student;
  • Forces another student to do homework or provide test answers for them; and
  • Physically attacks another student.

It is important to note that school bullying may involve a variety of issues. It may include physical acts of violence and emotionally or mentally abusive speech or written messages.

It is common for school bullying to occur from one student to another student. It is also common for a group of students to gang up on one student victim.

In some cases, cyberbullying and school bullying may occur at the same time, either at the school or away from the school. In some cases, it may be possible to hold the school liable for damages which are caused by the cyberbullying.

It may, however, be more difficult to hold a school liable for bullying which occurs during out of school hours. A school generally has no control of students’ conduct online.

In addition, schools do not owe the students a duty to regulate their online interactions. It may, however, be possible to hold a school or school district liable for the school bullying if there is a very serious situation.

This is true if the school or school district was aware of the possible dangers but failed to investigate or take any action. Regardless of which parties may be held liable, it is important for parents to discuss bullying and cyberbullying with their children so that their children will be aware of the serious consequences.

Bullying may result in long-term psychological damages to the victim and, in some cases, the victim may take their own life because of the bullying. Bullying may have severe consequences which are not always immediately and readily apparent.

What is Considered Bullying in Nevada?

In the State of Nevada, bullying is defined as willfully acting to expose an individual to either a one time or a repeated negative conduct which is highly offensive. Bullying may take on many forms including:

  • Verbal;
  • Written;
  • Conduct; and
  • Physical force.

Bullying may be done by one individual or a group of individuals. Bullying is highly offensive conduct which is engaged in to:

  • Cause the victim serious emotional distress;
  • Pose a threat of immediate physical harm to the victim;
  • Actually inflict physical harm on the victim or the victim’s property; or
  • Create a hostile environment for the victim which is done to interfere with their education.

What is Bullying by Use of an Electronic Communication Device?

Bullying by the use of an electronic communication device is one type of bullying in the State of Nevada. In Nevada, a minor, or an individual under the age of 18, is not permitted to willingly and knowingly utilize any type of electronic communication devices to transmit or distribute images of bullying which is committed against a victim with the intent to:

  • Encourage bullying against the victim;
  • Furthering bullying of the victim;
  • Promote bullying toward the victim; or
  • Cause harm to the victim.

What is an Electronic Communication Device?

In Nevada, an electronic communication device is any type of device which is capable of transmitting or distributing images or words used for bullying. This may include:

  • Cellular telephones;
  • Computer networks;
  • Computer systems;
  • Computers; and
  • Personal digital assistants.

What is the Punishment for Bullying by Use of an Electronic Communication Device?

There are legal consequences for bullying by use of an electronic communication device. A minor who violates this Nevada for the first time is not considered to be a delinquent child. They are, however, in need of supervision.

Any subsequent violation of this law is classified as a misdemeanor. If the individual is convicted of bullying by use of an electronic communication device, they may face:

  • Six months in county jail;
  • A $1,000 criminal fine; or
  • A combination of both jail time and criminal fines.

Should I Talk to a Lawyer about My Bullying Charge?

Yes, it is essential to have the assistance of a Nevada criminal lawyer if you are facing bullying charges. A cyber bullying charge may result in a jail sentence and a permanent criminal record for you and your child.

Your attorney can review your case, advise you how the law applies to your situation, and determine if there are any defenses available to you. It is important to consult with your attorney as soon as possible. Your attorney will represent you any time you are required to appear in court.

If you are a victim of bullying, it is important to consult with an attorney as soon as possible. Your attorney will advise you regarding whether or not you have a claim and your possibilities for recovery.

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